THE FATHER of 14-year-old schoolboy Brian Rossiter, who died in hospital two days after he was detained at Clonmel Garda station, yesterday welcomed a settlement with the State, saying he was relieved the case had come to an end.
Pat Rossiter said it had been a long six years, with a long legal battle and he was looking forward to getting on with his life.
“I want to get back to normality now. It will probably take a little bit more time for Brian’s mother, but generally overall Siobhán is very relieved.”
It would be a bonus, he said, “not to have to be going to bed with this and waking up with it”.
Mr Rossiter said the settlement amount was about six times the amount the family could have been awarded had they gone to court, but added “it was never a question of money”.
Mr Rossiter also expressed disappointment regarding the lack of investigation.
“They’ve made an admission of failing to investigate and there still hasn’t been an investigation. It’s unbelievable”.
Speaking after the settlement, the Rossiters’ solicitor Cian O’Carroll said: “Out of utter frustration and a belief that something had happened, the family commenced high court proceedings. For the family this is a culmination of four extremely difficult years.”
Mr O’Carroll said the Rossiter family had asked for a sum that reflected the sincerity of the State’s regret, adding: “If the family had gone ahead in court they would never have got the [amount] tendered.”
It has been a gruelling six years, and there has to be an end, he added.
Acting on behalf of the Minister for Justice, Equality and law Reform, the Commissioner of An Garda Síochána, the Attorney General and the State, the Chief State Solicitor gave statement in a letter read out in court.
It read: “The authorities regret the tragic death of Brian Rossiter and acknowledge the distress suffered by his family in their loss.
“The authorities also accept the earlier findings that the detention of Brian Rossiter was unlawful, that the treatment of persons in custody regulations were not observed properly and, furthermore, the circumstances of Brian Rossiter’s death were not properly investigated at the time.”
A spokesman for the Garda Commissioner said “the commissioner has nothing further to add to what has already been stated in court”.
Brian Rossiter died in Cork University Hospital from head injuries on September 14th, 2002. He had been arrested for a public order offence on the night of September 10th/11th, 2002, and fell into a coma while detained at Clonmel Garda station.